Attorneys are asking a Minnesota court to end what they call "meritless litigation."
Attorney General Keith Ellison (D-Minnesota), a known abortion-rights supporter, has publicly committed to "defend the laws of the state of Minnesota," without regard for his own personal opinions.
Though no one has accused Ellison outright of only providing a superficial defense, Thomas More Society has filed a Notice of Limited Intervention to Assert the Defense of Lack of Private Cause of Action on behalf of Pro-Life Action Ministries, Inc. and the Association for Government Accountability. This is in response to a lawsuit against Minnesota by Gender Justice and the Lawyering Project on behalf of two abortion workers who have concealed their identity and a church group that advocates abortion.
"The attorney general filed his motion to dismiss, and he left out a defense that these claims were brought under the Minnesota Constitution as being unconstitutional. Snd in the state of Minnesota there is no right to sue the government for violating the constitution unless there is a specific statute that authorized such lawsuit, and there isn't one for this particular case," explains attorney Erick Kaardal of Thomas More Society. "So the attorney general basically, in other cases, has routinely used this defense to kick ordinary citizens' claims out of court, but he won't use this routine defense because the elite liberals from California and New York are telling us how to operate."
The lawsuit from Gender Justice and the Lawyering Project seeks to overturn Minnesota's 24-hour waiting period for abortions, parental notification standards, and a provision mandating that aborted babies be buried or cremated rather than treated like medical waste. The lawsuit also seeks to strike the requirement that all abortions be performed by a physician.
A hearing is scheduled for October 30th at a state district court in St. Paul, Minnesota.
"Part of our concern here is that with Roe v Wade being threatened, it looks like the pro-abortion forces are really doubling down in blue states surrounded by red states," Kaardal continues. "Minnesota is a pretty blue state surrounded by red states, and I think they're going to try to turn us into an abortion center, with Planned Parenthood building abortion clinics next to the borders of North Dakota, South Dakota, Iowa, [and] Wisconsin."
Kaardal believes the lawsuit was filed with the idea that Attorney General Ellison would file a flimsy motion to dismiss and settle the claims.
"A lot of the pro-life people were discouraged because of this scenario, and our notice of intervention has given people hope that the rule of law will apply even when elite liberals file lawsuits promoting abortion right," the attorney concludes.